IDEA and New Jersey Special Education code states that the parents have the right to request independent evaluations. My child was classified as OHI do to ADHD. I made my request way back in December at the eligibility meeting. The district wrote me one sentence saying that the evaluations they performed were appropriate they were done according to code. Months went by and I filed a complaint and the district was found to be non-compliant. The state instructed them to proceed with due process.
I imagine that the district has to prove that their evaluations were fine. I objected to a student interview conducted over the phone – that consisted of just 5 questions – 3 of which the child did not respond to. There was a functional analysis of behavior that consisted of one narrative paragraph. “Student sits in room. Student gets back test paper. etc.” and an analysis of a work sample – which was never provided to us – the school psychologist who did the observation said that the student’s handwriting was legible and he got a good grade. Oh by the way this narrative and analysis of work sample were also supposed to cover a social emotional assessment. That’s it – no analysis of data, no recommendations – nothing. The district accepted my independent psych and academic assessments.
The LDTC never did an assessment and never provided the CST with a written report. There are no recommendations in any of the reports. Frankly I am baffled about the child being classified as 2 member of the CST state in letters and reports that there is no adverse academic impact because the child is making average to above average grades.They (They use this line to tell me that she does not qualify for assitive technology too) No mention about what I told them about the impact of meds, tutoring, coaching etc.
I’ll be going to this due process without an attorney – If I had money for an attorney I’d use it to pay for evaluations myself. I have so much baggage with these people that I am having a hard time sorting it all out. Any advice is appreciated.
Perhaps your NJ readers can answer a question for me. Why is it that a classified student enrolled in the general curriculum and goes to classes with in class special Ed support does not have to have measurable goals and objective written into their IEP? The state mediator said that this is correct and frankly I don’t understand – don’t Federal regulations supercede state regulations?
Thanks for your help - I would really like to know what a real functional analysis of behavior looks like.
Re: Going to due process this week - Need your thoughts
I don’t quite understand what you are asking for. If your child receives average grades and if your child also has average or better standardized test scores on annual standardized state-mandated testing (you did not comment on this), then if your child attended my school, we would conduct a very minimal evaluation.
You want a functional behavior analysis. Does your child HAVE behavior problems in school? You did not state this, either. Have teachers reported difficulties to you in the classroom? Does she have a history of behavior problems?
You indicated that the evaluation conducted was minimal. We only evaluate when a disability is suspected. So, if a student does not have a history of classroom behaviors that are difficult to manage and negatively impact progress, there may be little to evaluate behaviorally. If the student performs to an average or better level of competency as per grades and standardized test scores, there is little else to evaluate. It really does not matter whether or not a child has an OHI like ADHD, the law specifies that the condition must be present AND it must be negatively impacting progress. We measure progress via grades and standardized test scores.
If a student has an IEP, there must be a goal. If the student has a 504 plan, perhaps more likely in ADHD where academic indicators show the child is learning, then there is no required goal. Any child can receive in class assistance when special ed. personnel come to the room, regardless of whether they have an IEP or not.
It really sounds to me like your child’s school did not think a full psycho-educational evaluation was indicated, so they conducted a modest eval. perhaps because you requested one.
Now, I may have misunderstood you, but since our duty and obligation is to teaching academics to students and you state her grades are average, then I cannot understand exactly what you are seeking. Meds. are very typical in managing ADHD symptoms, much like we place glasses on nearsighted children. Private tutoring is also relatively commonplace, I have engaged tutors myself for my daughter.
micamom,
First off, I understand where you are coming from. The psychological stress and emotional toll it can take on you is something you need to be aware of. I used to hate it when people would advise me “not to take it personally”, as it was our child we were trying to save from the district. Staying objective is very important, all I can sudgest is do your best at that.
More than likely the district will have a ‘consultant’ representing them, if this is the case, do not panic, but be careful.
I am assuming you have gone thru the basic protocols of submitting evidence to be used, list of witnesses to be called etc… Has the district provided you with any information as to how a dph works and what will go on? Or has the state done this?
I have no clue about NJ law, went thru it all here on the other coast (CA).
The name of the game in these procedural activities is to ask the right questions so as to elicit the answer you need to prove your point.
You know what laws were violated, you know that the state already found your district out of compliance. Do not take anything for granted and make sure you get all your questions answered by the appropriate witness and then and only then move to the next.
Regarding the actual ‘assessment’ your district claims was appropriate, ask detailed questions from the person who did the assessment about things like their protocols, are all assessments done in this manner, what are your qualifications etc… really break it down to the little details. Then go after the district administrators and ask about procedures in assessments etc…
If you review the law, IDEA and also at State and Local level, you can make your questions based on what the law specifies as to be procedural and hopefully you will get those dummies to admit under oath that they violated the law. Be sure to not let on this is what you are after when you are questioning the people. You need to draw the picture slowly and methodically for the hearing officer.
I am very distrustful of the system that allows the state to hire the contractor to oversee/police themselves basically; I tell you this that you should go in with your eyes wide open, not with false assumptions.
So, do not be afraid, just be prepared. Do not go in alone. Bring someone along who can sit with you and help take notes, calm you down etc… Bring food, drinks (a cooler of sorts) and notes. Bring notes, take notes. Do not walk in with empty hands.
Be prepared for people to lie under oath right in front of you and you will still need to stay calm and together. Also, people who you thought might be ones who would respond in your child’s best interest may turn out to have a failed memory (“I do not recall”) will happen more than you like.
DO NOT CRY or get visibally upset! Do not let them see that they are getting to you. Ask to take a break whenever you need to. Get fresh air.
When you are asking witnesses questions, phrase them as questions and ask them about one specific thing at a time. Do not try to get a question to be all inclusive about an entire matter/subject; really get in the habbit of breaking it down point by point. This is critical.
I made many of these mistakes myself, in due process (without attorney) and in court (not as bad, still without attorney); so try not to make all the mistakes yourself, learn from others :lol:
There will be a point in the hearing where they will call you as a witness and you are going to have to do it. Answer everything and stay calm.
Ask the hearing officer what you do regarding calling yourself as a witness. Have a list of questions for yourself and ask the hearing officer if he/she will ask you the questions, or have the person with you do the asking so you can also tell your side of things. Again, keep the questions specific and bring up points one at a time.
All questions must lead to points that specifically lead the hearing officer to the firm conclusion that your district violated your child’s rights and the law. NO DOUBT ABOUT IT. Don’t ask the question about if they knew they were in violation of that specific law, ask the question so they answer it themselves. Then, when you write your conclusion summary, you point out, quote, which witness admitted to the violatation and then specify the law they violated. You need to lead the hearing officer to the conclusion, DO NOT ASSUME THEY KNOW THE LAW OR ANYTHING LIKE IT!
This is kind of like a military tribunal, and everything is based on procedural protocols. You are at the disadvantage because everyone there involved, except you, has experience with the procedures. Be sure to get all this on record when the timing is appropriate.
The hearing will be tape recorded and you can request both tapes and transcripts when it is over.
I guess I could go on and on, but I must go to work now. I wish you well with your due process hearing.
Do not let it devour you and your family.
Do the best you can, give it to God and don’t rehash things till you go insane. Know in the end, you did the best you could for your child.
Best regards,
Andy